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ONLINE POLICY GROUP v. DIEBOLD, INC.

No. C 03-04913 JF.

337 F.Supp.2d 1195 (2004)

ONLINE POLICY GROUP, Nelson Chu Pavlosky, and Luke Thomas Smith, Plaintiffs, v. DIEBOLD, INCORPORATED, and Diebold Election Systems, Incorporated, Defendants.

United States District Court, N.D. California, San Jose Division.

September 30, 2004.

Attorney(s) appearing for the Case

Cindy Ann Cohn, San Francisco, CA, Jennifer Stisa Granick, Stanford, CA, for Plaintiffs.

Robert A. Mittelstaedt, Adam Richard Sand, Esq., Matthew P. Vandall, Jones Day, San Francisco, CA, Tharan Gregory Lanier, Jones Day, Menlo Park, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT

FOGEL, District Judge.

The parties have filed cross-motions for summary judgment seeking a determination as to what constitutes proper use of the internet service provider safe harbor provisions of the Digital Millennium Copyright Act. The Court has read the briefing submitted by the parties and has considered the oral arguments of counsel. For the reasons set forth...

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